HEM SINGH Vs. MEHNGA SINGH AND OTHERS

JUDGEMENT

(1.) The land in dispute was auctioned and purchased by the appellant in execution of the decree against Smt. Malan and its mutation in his favour was attested on February 11, 1964. The respondents filed the present suit for a declaration that they were the owners of the land in dispute and the same had been wrongly got auctioned by representing that it belonged to Smt. Malan. The trial Court dismissed the suit but on appeal the learned District Judge, Kapurthala, vide judgment dated January 5, 1970 reversed that judgment holding that Smt. Malan was not the owner of the property in dispute and decreed the suit. Aggrieved thereby the defendant has come up in this appeal.

(2.) The facts found are that in the jamabandi for the year 1954-55, Smt. Malan was entered as the owner of one-fourth share in the Khewat comprised of 139 Kanals which included the land in dispute. However, in the jamabandi for the year 1958-59, Smt. Malan's name did not appear as one of the owners in the said Khewat. As is well-established, presumption is attached to the latest revenue record and unless the latter entries are shown to be incorrect, no value can be attached to the entries in the earlier jamabandi. The presumption attached to the entries in the later jamabandi can be rebutted by the entries in the earlier jamabandi if further evidence was led that the name of Smt. Malan had been deleted without any sufficient cause and a legal order. An no such evidence was led, the presumption attached to the jamabandi cannot be rebutted simply by production of a copy of an earlier jamabandi. There is consequently no scope for interference with the finding of fact recorded by the lower appellate Court and this appeal is accordingly dismissed, being without any merit. In the circumstances of the case there will, however, be no order as to costs.